CAYETANO VS.

MONSOD
201 SCRA 210
FACTS:
Respondent Christian Monsod was nominated by President Corazon C.
Aquino to the position of chairman of the COMELEC. Petitioner opposed the
nomination because allegedly Monsod does not posses required qualification
of having been engaged in the practice of law for at least ten years. The
1987 constitution provides in Section 1, Article IX-C: There shall be a
Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree,
and must not have been candidates for any elective position in the
immediately preceding elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in
the practice of law for at least ten years.
ISSUE:
Whether the respondent does not possess the required qualification of
having engaged in the practice of law for at least ten years.
HELD:
In the case of Philippine Lawyers Association vs. Agrava, stated: The
practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions
and special proceeding, the management of such actions and proceedings on
behalf of clients before judges and courts, and in addition, conveying. In
general, all advice to clients, and all action taken for them in matters
connected with the law incorporation services, assessment and
condemnation services, contemplating an appearance before judicial body,
the foreclosure of mortgage, enforcement of a creditors claim in bankruptcy
and insolvency proceedings, and conducting proceedings in attachment, and
in matters of estate and guardianship have been held to constitute law
practice. Practice of law means any activity, in or out court, which requires
the application of law, legal procedure, knowledge, training and experience.
The contention that Atty. Monsod does not possess the required
qualification of having engaged in the practice of law for at least ten years is
incorrect since Atty. Monsods past work experience as a lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator of both rich and the poor verily more than
satisfy the constitutional requirement for the position of COMELEC chairman,
The respondent has been engaged in the practice of law for at least ten
years.